When it comes to wrongful death claims, only survivors of the deceased
party can file a claim to compensate their losses. The financial compensation
awarded from a wrongful death claim can be used to pay for expenses you
incurred as a result of your loved one’s death. The circumstances
around the death in question does not need to necessarily be intentional,
nor does it need to be caused by reckless actions in order for a survivor
of the deceased to file a
wrongful death claim.
Which Survivors of the Deceased Can File for Wrongful Death?
A wrongful death claim needs to be filed by someone who is representing
the surviving party. People who can represent the surviving party include:
- Immediate Family Members Related to the Deceased
- Distant Family Members Related to the Deceased
- Life Partners, Financial Dependents, & Putative Spouses of the Deceased
If the deceased party is a child, one of their parents can usually file
a wrongful death claim on their behalf. Although it is fairly common for
families to engage in disputes about who should be able to file a wrongful
death claim, most courts usually let only one person bring forth a wrongful
death claim on behalf of the deceased party. In the event that two survivors
of the deceased attempt to file wrongful death claims, courts will often
merge both claims into a single lawsuit.
The statute of limitations to file your wrongful death claim is different
from state to state. In general, you need to file your wrongful death
claim within a year from when your loved one’s death occurred. If
the claim you file involves a party who works for the government, you
will need to also file a "notice of claim" with the government
within 90 days of fatal incident. If you wait to long to get started on
your wrongful death claim, or fail to adhere to all the pre-lawsuit notice
requirements, you can lose your right to obtain compensation for the expenses
associated with your loved one’s death.
At Adams Law Firm, we help families who have lost their loved ones obtain
the justice and the compensation they deserve. Our team of attorneys has
more than three decades of legal experience and we are here to help you
through this difficult time. We can review and help you file your wrongful
death claim to ensure that your rights and interest are fully protected.
Let us put our skills and experience to work for you today.
Contact our Billings wrongful death attorneys to schedule your free case evaluation.